04-06-2009, 02:02 AM
Doc wrote:
CDs that conform to spec' are not protected media. Copying a lawfully purchased CD for non-commercial purposes is at least arguably fair use.
DVDs have content/access-controls on them, which bring them under the purview of the DMCA anti-circumvention provisions.
The DMCA makes the possession, distribution or use of any device that can be used for circumvention unlawful.
There is no exception in the DMCA for fair use.
That last statement is not quite completely true. The Library of Congress working with the Register of Copyrights reviews requests for classes of exemptions from the prohibition on circumventing DMCA protected copy protection. The reviews are done annually as I recall, and the exemptions are granted for some time period into the future or denied. They apply to classes of copy protection circumvention determined to be necessary for a variety of reasons. It can also be revoked at a future review. The exemptions are published after the review, I would have to do a bit of research to find out where.